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Regular Session, 2014
HOUSE BILL NO. 1069
BY REPRESENTATIVES BROADWATER AND HENRY
WORKERS COMPENSATION: Provides with respect to variable wage employment
contracts
AN ACT1
To amend and reenact R.S. 23:1021(13)(e) through (g) and to enact R.S. 23:1021(13)(h) and2
(14), relative to workers' compensation; to provide with respect to average weekly3
wage; to provide for the calculation of average weekly wage for any professional4
athlete contracted as an employee who earns a variable wage under a written5
employment contract dependent on specific activity, job description, job status, or6
temporal consideration under certain circumstances; to provide for definitions; and7
to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 23:1021(13)(e) through (g) are hereby amended and reenacted and10
R.S. 23:1021(13)(h) and (14) are hereby enacted to read as follows:11
ยง1021. Terms defined12
As used in this Chapter, unless the context clearly indicates otherwise, the13
following terms shall be given the meaning ascribed to them in this Section:14
* * *15
(13) "Wages" means average weekly wage at the time of the accident. The16
average weekly wage shall be determined as follows:17
* * *18
(e) Professional athlete variable wage employment contract. If a19
professional athlete is employed by a written contract for hire and that written20 HLS 14RS-1486 REENGROSSED
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contract for hire provides for variable wages dependent on the employee's activity,1
job description, job status, any temporal consideration, or any other condition based2
on a variable wage rate, then the employee's average weekly wage shall be calculated3
as the employee's actual earnings at the time of his injury. The average weekly4
wage for a professional athlete shall be calculated as follows:5
(i) If the professional athlete's actual contractual wage rate at the time of6
injury is based on a daily wage rate, his average weekly wage is calculated by7
multiplying the actual contractual daily wage rate on the date of injury by seven8
days.9
(ii) If the professional athlete's actual contractual wage rate at the time of10
injury is based on a weekly wage rate, the weekly wage rate at the time of injury is11
the calculated average weekly wage.12
(iii) If the professional athlete's actual contractual wage rate at the time of13
injury is based on a monthly wage rate, his average weekly wage is calculated by14
dividing the actual monthly wage rate at the time of the injury by four and three-15
tenths weeks.16
(e)(f) Exceptions. For municipal police officers, additional compensation17
paid by the state pursuant to R.S. 33:2218.4 shall not be included in the calculation18
and computation of total salary or average weekly wage to the extent such officer19
continues to receive such additional compensation during the period of his disability.20
(f)(g) Income tax. In the determination of "wages" and the average weekly21
wage at the time of the accident, no amount shall be included for any benefit or form22
of compensation which is not taxable to an employee for federal income tax23
purposes; however, any amount withheld by the employer to fund any nontaxable or24
tax-deferred benefit provided by the employer and which was elected by the25
employee in lieu of taxable earnings shall be included in the calculation of the26
employee's wage and average weekly wage including but not limited to any amount27
withheld by the employer to fund any health insurance benefit provided by the28 HLS 14RS-1486 REENGROSSED
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employer and which was elected by the employee in lieu of taxable earnings shall be1
included in the calculation of the employee's wage and average weekly wage.2
(g) (h) Date of accident. In occupational disease claims the date of the3
accident for purposes of determining the employee's average weekly wage shall be4
the date of the employee's last employment with the employer from whom benefits5
are claimed or the date of his last injurious exposure to conditions in his6
employment, whichever date occurs later.7
(14) "Professional athlete" means any person who earns wages as a skilled8
athlete pursuant to a written professional player employment contract.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Broadwater HB No. 1069
Abstract: Provides for the calculation of average weekly wage for variable wage
employment contracts for professional athletes.
Present law provides for the determination of the average weekly wage of an injured worker.
Present law provides the method of calculating average weekly wage depending on how an
employee was being compensated at the time of injury.
Present law provides definitions.
Proposed law defines "professional athlete" to mean any person who earns wages as a skilled
athlete pursuant to a written professional player employment contract.
Proposed law provides that for if a professional athlete is employed by a written contract for
hire that provides for variable wages dependent on an employee's activity, job description,
job status, a temporal consideration, or any other condition based on a variable wage rate,
his average weekly wage shall be calculated as the rate of his earnings at the time of injury.
Proposed law provides that if an employee's actual contractual wage at the time of injury is
based on a daily rate, then his average weekly wage shall be calculated by multiplying the
employee's actual contractual daily wage rate on the date of injury by seven days.
Proposed law provides that if an employee's actual contractual wage rate at the time of injury
is based on a weekly wage rate, then his actual contractual weekly wage rate at the time of
injury shall be the calculated average weekly wage rate.
Proposed law provides that if the employee's actual contractual wage rate at the time of
injury is based on a monthly wage rate, then his average weekly wage shall be calculated by
dividing his actual monthly wage rate at the time of injury by four and three-tenths weeks. HLS 14RS-1486 REENGROSSED
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Proposed law provides that any written employment contract that does not provide for the
same wage rate for each pay period during the entire term of the contract shall be deemed
to be a variable wage employment contract.
(Amends R.S. 23:1021(13)(e)-(g); Adds R.S. 23:1021(13)(h) and (14))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Specified that the variable wage contracts in proposed law apply to professional
athletes.
2. Defined "professional athlete" to mean any person who earns wages as a skilled
athlete pursuant to a written professional player employment contract.